Neale Richmond (Dublin Rathdown, Fine Gael) | Oireachtas source

I move amendment No. 30:

In page 37, between lines 16 and 17, to insert the following: “Change of employer: application and approval of change

25. (1) This section applies where—

(a) a general employment permit or a critical skills employment permit has been granted to a foreign national,

(b) a prescribed period has elapsed since the foreign national first commenced employment in the State pursuant to an employment permit, and

(c) the permit referred to in paragraph (a)is in force and will remain in force for at least 2 months from the date of the making of an application under this section.

(2) An application to change the employer specified in a permit referred to insubsection (1)(a)(in this section referred to as the “existing employer”) to a different employer (in this section referred to as the “new employer”) may be made by—

(a) the new employer, or

(b) the foreign national.

(3) An application under this section shall not be made unless an offer of employment in the State has been made in writing to the foreign national by the new employer within such period, preceding the application, as may be prescribed.

(4) A person making an application under this section shall provide, with the application, such information, documents and evidence as may be specified in regulations under section 44 in respect of a change to the employer specified in an employment permit.

(5) A person making an application under this section shall furnish to the Minister—

(a) such information (being information of a similar nature to that referred to in section 11) as the Minister specifies in a direction in writing given by him or her for the purposes of this subsection, and

(b) if the Minister so requests, such statement or evidence, in such form as the Minister requests, confirming that the applicant has complied with the terms of the employment permit and the provisions of this Act during the period ending on the making of the application under this section.

(6) The Minister shall publish, in such manner as he or she considers appropriate, any direction given under subsection (5)(a).

(7) An application under this section shall be in writing and, subject to subsection (8), be accompanied by such fee (if any) as may be prescribed.

(8) (a) The fee referred to in subsection (7)shall not be payable where the application is made in respect of a class of foreign national, employer or employment permit specified in regulations made under paragraph (b).

(b) The Minister may make regulations specifying a class or classes of foreign nationals, employers or employment permits in respect of which the prescribed fee for such application shall not be payable.

(9) Sections 16 and 20 shall, subject to the modifications specified in subsection (10),apply to the approval of, or the refusal to approve, a change of employer under this section as they apply to the grant of, or the refusal to grant, an employment permit.

(10) The modifications mentioned in subsection (9)are—

(a) in section 16—

(i) in subsection (1)(c),construing the reference tosection 10or 11as a reference to this section, and

(ii) insubsection (1)(d), construing the reference to section 26or 27 as a reference to section 26,

(b) construing the references to the grant of an employment permit as references to the approval of a change of employer under this section,

(c) construing the references to an application for an employment permit or an application for a grant of an employment permit as references to an application under this section, and

(d) any other necessary modifications.

(11) Subject to sections 9, 20(as applied by subsection (9)) and 26, the Minister may, on consideration of an application made under this section, approve a change to the employer specified in a permit referred to in subsection (1).

(12) Where the Minister approves a change of employer undersubsection (11), the permit concerned shall operate to permit the employment in the State of the foreign national concerned by the new employer in the employment specified in the application.

(13) The approval by the Minister of a change of employer under this section shall not operate to change the period for which the foreign national concerned may be employed in the State pursuant to the permit.

(14) Where the Minister approves a change of employer under this section, the foreign national concerned shall commence employment with the new employer within a prescribed period.

(15) Where the Minister approves a change of employer under this section—

(a) the Minister shall amend the permit concerned to specify the name of the new employer,

(b) the Minister may, where appropriate, amend the permit concerned in so far as it specifies the description and statement referred to in section 19(2)(b),any statement of conditions attaching to the permit referred to in section 19(2)(f), and any information referred to in section 19(2)(g), and

(c) the Minister shall, after making the amendments in paragraph (a) and, where applicable, paragraph (b), issue the permit to the foreign national concerned and the new employer.

Change of employer: refusal to approve change

26. (1) Section 26(1), (2)(a)and (7)and section 27(1) (other than paragraph (n)), (2), (3), (4)and (7)shall, subject to the modifications specified in subsection (2), apply to the refusal to approve a change of employer under section 25as they apply to the refusal to grant an employment permit.

(2) The modifications mentioned in subsection (1)are—

(a) in section 26(7), the omission of the reference to that section being subject to sections 38(5)and 39(5),

(b) in section 27—

(i) in subsection (1)(b), construing the reference to section 10(12) as a reference to section 25(8),

(ii) insubsection (1)(p),construing the reference to the person identified in the application in accordance withsection 10(6), or as the case may be, the connected person, as a reference to the new employer, and

(iii)in subsection (7), construing the reference to the person identified in the application in accordance with section 10(6) as a reference to the new employer,

(c) construing the references to the grant of an employment permit as references to the approval of a change of employer under section 25,

(d) construing the references to the application for the permit or the application as a reference to the application under section 25, and

(e) any other necessary modifications.

(3) The Minister may refuse to approve a change of employer under section 25if—

(a) the foreign national is not, in the opinion of the Minister, employed by the existing employer in the employment specified in the employment permit referred to in section 25(1),

(b) the employment of the foreign national by the new employer—

(i) in the case of a general employment permit, is not the same type of employment for which the employment permit referred to in section 25(1) was granted, or

(ii) in the case of a critical skills employment permit, does not fall within the same category of employment (being a category of employment specified in regulations under section 41 in respect of which a critical skills employment permit may be granted) as the employment for which the employment permit referred to in section 25(1)was granted,

(c) the terms and conditions of the employment of the foreign national by the new employer are not comparable to those of the employment of the foreign national by the existing employer, including, in the case of a general employment permit, those relating to any of the matters specified under section 41(10)as a condition for the grant of such a permit,

(d) the foreign national has spent a continuous period of not less than 3 months outside the State during the period for which the employment permit has been in force that was not connected to his or her employment, or

(e) the foreign national has already made, under section 25, the maximum number of applications specified in regulations under section 41(5).

(4) Where the Minister refuses to approve a change of employer, the Minister shall notify, in writing, the applicant of—

(a) the decision,

(b) the reasons for it, and

(c) the fact that the applicant may, in accordance with regulations under section 44(9), submit the decision to the Minister for review undersubsection (5) within the period referred to in section 29(2)as applied bysubsection (6).

(5) A decision of the Minister to refuse to approve a change of employer may, in accordance with regulations under section 44(9),be submitted by the applicant therefore to the Minister for review.

(6) Section 29(2)to (8)shall, subject to the modifications specified in subsection (7), apply to a review under subsection (5) as they apply to a review under section 29(1).

(7) The modifications mentioned in subsection (6)are—

(a) insection 29(2),construing the reference to a submission undersubsection (1)of that section as a reference to a submission under subsection (5),

(b) in section 29(3)—

(i) construing the reference to the application for the employment permit as a reference to the application under section 25, and

(ii) construing the reference to subsections (1)and (2) of that section as a reference to subsection (5) and section 29(2)(as applied by this section),

(c) construing the references to a decision referred to in subsection (1)or (3)of section 29as references to a decision referred to in subsection (5),

(d) construing the references to the refusal or grant of an employment permit as references to the refusal or grant of approval of a change of employer undersection 25,

(e) construing the references to section 28 as references to subsection (4), and

(f) any other necessary modifications.

(8) This section is without prejudice to the other requirements under this Act that must be satisfied with respect to the approval of a change of employer undersection 25.

(9) In this section—

“existing employer” has the meaning assigned to it by section 25(2);

“new employer” has the meaning assigned to it by section 25(2).

Change of approved seasonal employer: application and approval of change

27. (1) This section applies where—

(a) a seasonal employment permit has been granted to a foreign national, and (b) that permit is in force and will remain in force for at least 3 weeks from the date of the making of an application under this section.

(2) An application to change the employer specified in a permit referred to insubsection (1)(in this section referred to as the “existing employer”) to a different employer, being an approved seasonal employer, (in this section referred to as the “new employer”) may be made by a foreign national.

(3) An application under this section shall not be made unless an offer of employment in the State has been made in writing to the foreign national by the new employer within such period, preceding the application, as may be prescribed.

(4) The foreign national shall provide, with the application, such information, documents and evidence as may be specified in regulations under section 44 in respect of a change to the employer specified in a seasonal employment permit.

(5) The foreign national shall furnish to the Minister—

(a) such information (being information of a similar nature to that referred to in section 11) as the Minister specifies in a direction in writing given by him or her for the purposes of this subsection, and

(b) if the Minister so requests, such statement or evidence, in such form as the Minister requests, confirming that the foreign national has complied with the terms of the employment permit and the provisions of this Act during the period ending on the making of the application under this section.

(6) The Minister shall publish, in such manner as he or she considers appropriate, any direction given under subsection (5)(a).

(7) An application under this section shall be in writing.

(8)Sections 16and20shall, subject to the modifications specified in subsection (9), apply to an application to change employer under this section as they apply to an application to grant an employment permit.

(9) The modifications mentioned in subsection (8) are—

(a) in section 16—

(i) the omission of subsections (1)(b), (3)(b) and (4),

(ii) in subsection (1)(c),construing the reference tosection 10 or 11as a reference to this section, and

(iii) insubsection (1)(d), construing the reference to section 26 or 27as a reference to section 28,

(b) construing the references to the grant of an employment permit as references to the approval of a change of employer under this section,

(c) construing the references to an application for an employment permit or an application for a grant of an employment permit as references to an application under this section, and

(d) any other necessary modifications.

(10) Subject tosections 9(2)(j), 20(as applied by subsection (8)) and 28, the Minister may, on consideration of an application made under this section, approve a change to the approved seasonal employer specified in a permit referred to in subsection (1)(a).

(11) Where the Minister approves a change of employer under subsection (10),the permit concerned shall operate to permit the employment in the State of the foreign national concerned by the new employer in the employment specified in the application.

(12) The approval by the Minister of a change of employer under this section shall not operate to change the period for which the foreign national concerned may be employed in the State pursuant to the permit.

(13) Where the Minister approves a change of employer under this section, the foreign national concerned shall commence employment with the new employer within a prescribed period.

(14) Where the Minister approves a change of employer under this section—

(a) the Minister shall amend the permit concerned to specify the name of the new employer,

(b) the Minister may, where appropriate, amend the permit concerned in so far as it specifies the description and statement referred to in section 19(2)(b),any statement of conditions attaching to the permit referred to in section 19(2)(f),and any information referred to in section 19(2)(g), and

(c) the Minister shall, after making the amendments in paragraph (a) and, where applicable, paragraph (b), issue the permit to the foreign national concerned and the new employer.

Change of approved seasonal employer: refusal to approve change

28. (1) Section 26(7)and section 27(1)(a), (c), (d), (f) to (m) and (p)shall, subject to the modifications specified in subsection (2), apply to the refusal to approve a change of employer under section 27as they apply to the refusal to grant an employment permit.

(2) The modifications mentioned in subsection (1)are—

(a) insection 26(7),the omission of the reference to that section being subject to sections 38(5) and 39(5),

(b) in section 27(1)(p), construing the reference to the person identified in the application in accordance with section 10(6), or as the case may be, the connected person, as a reference to the new employer,

(c) construing the references to the grant of an employment permit as references to the approval of a change of employer under section 27,

(d) construing the references to the application for the permit or the application as a reference to the application under section 27, and

(e) any other necessary modifications.

(3) The Minister may refuse to approve a change of employer under section 27 if—

(a) the foreign national is not, in the opinion of the Minister, employed by the existing employer in the employment specified in the employment permit referred to in section27(1),

(b) the employment of the foreign national by the new employer is not the same type of seasonally recurrent employment for which the employment permit referred to in section 27(1)(a) was granted,

(c) the terms and conditions of the employment of the foreign national by the new employer are not comparable to those of the employment of the foreign national by the existing employer, including those relating to any of the matters specified under section 41(10)as a condition for the grant of such a permit,

(d) the foreign national has spent a continuous period of not less than one month outside the State during the period for which the employment permit has been in force that was not connected to his or her employment,

(e) the foreign national has already made, under section 27,the maximum number of applications specified in regulations under section 41(5), or

(f) in the opinion of the Minister, the new employer has not made appropriate arrangements—

(i) to provide appropriate accommodation for the foreign national during the period for which he or she will be in the State pursuant to the employment permit referred to in section 27(1), or

(ii) to provide, without any cost to the foreign national, appropriate health insurance in respect of the foreign national should he or she require medical treatment for illness or injury during the period for which he or she will be in the State pursuant to the employment permit referred to in section 27(1).

(4) Section 26(4) to (8) shall, subject to any necessary modifications, apply to a refusal to approve a change of employer under this section as they apply to a refusal to approve a change of employer under section 26.

(5) In this section—

“existing employer” has the meaning assigned to it by section 27(2);

“new employer” has the meaning assigned to it by section 27(2).”.

See this speech in context